Archive for March, 2011

In Their System, Even Our Friends Play a Role

Conservatives have just adopted a “new” policy on crime. It calls for more parole, shorter sentences, and less prisons.

It is pure déjà vu. But ALL new conservative policies are déjà vu. The National Review article announcing this great new crime advance is exactly like the ones I read from liberals who were demanding all the same things in the 1950s. They were adopted and crime went out of control. Like the liberal articles then, the NR one carefully said that none of this was being soft on criminals.

Likewise, the new heroine of paleoconservatives declares the Tea Party’s Worship Martin Luther King Day, while at the same time yelling about the borders not being protected. We kept telling conservatives that “a little bit of integration is like a little bit of pregnancy,” once you start along that road you can’t preserve ANYTHING.

I can tell you from personal experience that nobody, from open Marxist to pro-white, wants to hear plain political reality.

Those who won the media have a buyer’s market. There is a huge glut of turncoat Southerners and respectable conservatives to choose from, and it doesn’t take a Conspiracy to get them to select ex-school teachers like O’Reilly or pure wimps like Hannity. A Catholic with a Southern background like Buckley had an agonizing desire to be respected by his WASP Yale colleagues.

Underneath Buckley’s genuine dislike of leftism was his groveling need for approval from the John Galbraiths of the world.

When James Edwards polled his listeners about who THEY wanted him to interview again, they chose me. In fact, the last time he interviewed me he told me he had twice as many listeners as he did when he had Bay Buchanan on, back when the Buchanans were hot. But when his listeners chose me again, he was a bit embarrassed that he hadn’t invited me on for six years.

This is to be expected. Bay Buchanan is a name one can tell other leaders about and get admired and praised for such a catch.

Even National Public Radio had me for few shows and when they realized what I had to say they dropped me –no surprise.

No one interviews me more than twice.

Not a single person I interviewed with had the Mantra right or could even cite the key words.

I wrote a number of articles for National Review, too. They were widely quoted and were not even heresy. They were simply too common sense.

And that, not heresy, is why I am so unpopular.

And why YOU are so unpopular.

When I explain that obviously the left is going to choose to argue with conservatives they consider reasonable, and who admit that every conservative policy of a generation ago was evil, and lead the lynch mob against anyone who takes the same stand they did back then, it is not exposing any conspiracy.

Hannity’s boy Colmes was selected, and liberals were astonished to see that he was a complete wimp, just like the conservatives they choose.

Like the market system, the stable political system makes choices without any conspiracy to it. Just because something is predictable does NOT mean that it is a plot.

In fact, like the free market, the system organizes itself much more effectively than any conspirators could.

It goes like this: a liberal policy is introduced, tried, and fails. A generation later conservatives pick it up, and, no matter what a failure it is in practice, it becomes “the way America works,” adopted by BOTH sides.

In the meantime, instead of noticing the pattern, the paleoconservative screamers and the Conspiracy types yell.

So we get a Sara Palin declaring a worship MLK Day while leading the shouting about what happened to our keeping Mexicans out.

The more you fit into the system, the more publicity you can get. Anyone who fits at all into the system doesn’t want to hear from me. But that is not because they are not sincere. A violence-demanding extremist is far more welcome to the system than I am. Someone who demands that you read huge books and adopt more World Views in order to oppose obvious insanity is far more welcome than any BUGSter.

And that is in ALL parts of the system, the Bad Guys AND the Good Guys.

Both the white hats and the black guys have a role in the movie, but they are united in opposing anyone saying on screen that it IS a movie.

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Jury-Made Law

We have all heard of “judge-made law.”

But Mommy Professor is very silent on the subject of “jury-made law.”

And one lesson we must learn is that silence from Mommy Professor is as important as his outright blatherings.

Talking about liquor laws reminded me of jury-made law. When Prohibition was repealed in 1933, Charleston, SC opened its bars. When you went to Charleston, there were open bars and liquor by the drink.

Once in the 1940s, Governor Olin D. Johnston, “a personal and political dry,” called the Mayor of Charleston with the press watching and said, “I demand that you close those bars in Charleston.” The mayor replied, as Johnston knew he would, “Governor, YOU close them.”

Thus were two successful political careers advanced.

As I pointed out in the case of Mississippi’s prohibition laws, there was a huge difference between MAKING a law and ENFORCING a law.

Governor Johnston would have had to bring bar owners in Charleston before a Charleston jury.

Lots o’ luck there, Olin D.

The whole concept of jury-made law has been alien to Americans since the Greatest Generation took over.

Once again, I have to tell you that I am not exaggerating here: before the Greatest Generation, jurors were really not all that intimidated by a grown man sitting there in a black dress. The reverend stillness with which people called for jury duty today was alien to pre-WWII Americans.

In fact you already know about jury made law. You know that the death penalty for theft and other minor crimes was gotten rid of because juries, knowing the judge would follow the law blindly, simply refused to convict.

That, after all the arguments, was what happened to South Carolina’s ban on liquor by the drink: Juries simply refused to convict.

But the Greatest Generation was a wholly different matter. To them, the Judge was Authority. He wore a costume and his word was, to coin a phrase, law.

Some poor bastard who had had to shoot somebody in self-defense was convicted of manslaughter by a jury because the man in the costume had told them that, according to the law, he should have thought the whole thing out in the few seconds while he was being attacked and had a gun in his hand.

I actually met one judge in my youth who was absolutely dumbfounded by the way his jury actually sent a man, for not having behaved in the manner the law says a lawyer with hours to ponder things would have behaved, to prison for the rest of his life.

He told me he had always said that a jury would NEVER convict a decent person.

But it was his first Greatest Generation jury.

No one called for jury duty today has the slightest concept of what a jury is all about.

They are there to obey.

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Liquor Law Again

I was in Mississippi many years ago, and stopped at a liquor store.

Mississippi was a dry state.

But as I said, the twenty-first amendment’s blanket declaration that state law is sovereign over Federal law puts terms like “dry state” into the Twilight Zone.

Mississippi law was straight Prohibition. It was officially listed as a dry state.

But who could ENFORCE that law? Mississippi declared that only county authorities could enforce state-wide Prohibition. So if you elected a sheriff who chose not to enforce the law, it could be a very wet county indeed.

Please note that I am not kidding you here.

The only problem with leaving enforcement to the local sheriff was that the state wanted the huge source of revenue represented by the liquor tax.

Once again, I kid you not the slightest: instead of a liquor tax, the state imposed a “Black Market Tax.”

When someone sold something, not specifying what it might be, in violation of state law, but state authorities were prohibited from preventing its sale, a tax must be paid to the state on this Black Market Item, whatever it may be.

And if the tax was not paid, the state could enforce it. There was a Black Market Commission for that.

Today the micro breweries for beer are a big thing. Every one of them is gigantic compared to some of the liquor sellers I saw in Mississippi. One half-pint bottle of clear liquid I found in a store had a white label stuck on it with the words, in ink, “…. Smith, Route 3, Hattiesburg, Mississippi.”

It had the Federal and Black Market Commission stamps on it, and was as legal as Budweiser.

Some counties were dry. Some were as wet as New Orleans. All in a state which officially had no change in its law since the Coolidge Administration.

A doctor acquaintance of mine had a girl friend from New Orleans. She had lived there all her life. One day when she was visiting him in North Carolina they went to a liquor store.

She had never seen a liquor before in her entire life.

In New Orleans you bought liquor off the shelf, the same way you bought Campbell’s Soup, Every Seven-Eleven had liquor on the shelf.

She had trouble with the concept of a liquor store the way you might have a problem with someone taking you to a Mustard Store.

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Liquor Law

One or more of you could break into the publishing biz by writing a book on liquor law.

They are a human comedy.

Because the twenty first amendment repealing Prohibition specifically put the control of alcoholic beverages into state hands, every state was thrown into a major battle.

In South Carolina, each liquor store has a red dot somewhere on its front.

In 1940, South Carolina legalized liquor stores, over enormous opposition. Since each state has absolutely no restrictions on its liquor law, every aspect of the law must be passed by compromise with hard shell Baptists and screaming Methodists who, at the time, made up over ninety percent of the state’s population.

So one compromise was that, though liquor stores could exist, they could not advertise.

One Prohibitionist took that to court before the law took effect and obtained a court ruling that that provision prohibited the liquor store having a sign that said “Liquor Store.”

As a result of that one person’s initiative, none of the new liquor stores could say they sold liquor.

So one new store owner had an idea. He proposed to all the other new store owners that they paint their stores a bright, eye-hurting orange with large red dots on it. Twenty years later it looked like someone on LSD had made it up.

When South Carolina liquor stores opened in 1940 there was no way anyone could fail to know what they were. Eye-hurting orange with three-foot-across red spots became the signal of every such business in the state.

“Sign? We don’t need no steenking SIGN!”

And even today every single liquor store in the state has at least a couple of red dots.

In fact, thinking about it, I don’t remember what the sign at the local liquor store actually says.

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Are Politics Sober?

Somebody needs to write a book about liquor laws.

Liquor laws are what I call real history, not about Historical Inevitability or The Conspiracy, but about real compromises that are so human they are funny.

But never forget that every law on alcohol represents a compromise that was life and death to real, live, active people.

We know that the Eighteenth Amendment, enforced by the Volstead Act, established prohibition. The twenty-first amendment repealed the eighteenth.

Almost.

In order to get the necessary two-thirds majority in congress for repealing Prohibition, a compromise was required. The twenty first amendment did repeal national prohibition, but it also included a clause almost no one today is really aware of, but which is still active.

National Prohibition was repealed, but local prohibition was specifically sanctioned,

It is specifically stated that, when it comes to alcoholic beverages, state law is sovereign over national law.

I used to ride in trains where this reservation made things VERY confusing. You are going along at sixty miles per hour and the Club Car is open or closed every few minutes or every few hours.

It was interstate transportation, where in all other things the Feds have always been sovereign, but a guy well on his way to a good drunk had the glass snatched out of his hand because they were passing through a dry county.

State law.

On absolutely nothing else could s state law override Federal law by declaring COUNTY law to take precedence over FEDERAL law.

Except for that clause on that amendment.

This made for a lot of confusion in the days of propeller aircraft.

Today it is still legally true that serving a drink on board a jet aircraft flying over a dry country is illegal.

And, in fact, if a real person in a real dry county pressed it in court, he would win.

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